Legal Question in Family Law in India
LGone abroad before signing a divorce proceedings pending in the court.
My son-in-law has left India and is
not agreeing to divorce. Court
proceeding have been on for more
than one and a half year, which he
attended through a lawyer. He has
not paid any money ordered by the
court as maintenance. What should
be next stept for one sided legal
divorce?
3 Answers from Attorneys
Re: LGone abroad before signing a divorce proceedings pending in the court.
Already replied.
Re: LGone abroad before signing a divorce proceedings pending in the court.
in case he is being represented through a lawyer, in that case, no ex parte order can be passed against him but in case he is not paying the maintenance, that can be recovered by filing an execution petition.
Re: LGone abroad before signing a divorce proceedings pending in the court.
(a) The court may, on your application, struck off his defence on the ground of non-payment of maintenance;
(b) If defence is struck off, you may be granted ex-parte divorce.
(c) The court may also issue his warrants for recovery of maintenance amount.
(d) you may consider seeking 'attachment' of his share in property in INdia.
(e) Your local lawyer should normally be aware of all possible ways to meet with such a situation. You should go for a 'brain storming' session with your lawyer and discuss all the possibilities / alternatives.
(f) If any further guidance is required, your lawyer may write me an e-mail.
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